Ariane Bryan vs. GF FH PIER, LLC (Case 19-002823-CO)

ARIANE BRYAN, represented by MCDONALD & MINCE, PLLC, filed suit in Federal of Florida on 2019-04-19 alleging that GF FH PIER, LLC (dba the Cordova Inn St. Petersburgh) website www.cordovainnstpete.com is not accessible using the following testing standard(s): WCAG 2.1, Section 508.

The plaintiff's issues with the site mentioned in the suit include:

 

  • Lack of photographs of the accommodations for persons With disabilities andno link to allow booking for an accessible accommodation.
  • The lack of the navigation links of the Defendant’s Website that disclose the specific accommodations required by Plaintiffand those similarly situated, makes it impossible for Plaintiff to determine Whether the Property offers suitable accommodation for Plaintiff’s disability.

The plaintiff is seeking the following (Prayer for relief):

  • A Declaratory Judgment that at the commencement of this action thredUP, Inc. was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that thredUP, Inc. took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by, individuals with visual disabilities;
  • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs thredUP, Inc. to take all steps necessary to bring its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that thredUP, Inc. has adopted and is following an institutional policy that will in fact cause thredUP, Inc. to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiffs is described more fully above.
  • Payment of costs of suit;
  • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505; and;
  • The provision of whatever other relief the Court deems just, equitable and appropriate.

The specific laws that GF FH PIER, LLC (dba the Cordova Inn St. Petersburgh) allegedly violated include:

  • Civil Rights Violation of the Americans with Disabilities Act
  • Denial of full and equal access to its Website, and thus the denial of its products and services offered to all, constitutes a Violation of Plaintist civil liberties under the ADA, ADAAG, FLADAIA, WCAG, and the Rehabilitation Act.